Chapter 12.35
TREE RULES AND REGULATIONS
Sections:
Article I. General
Article II. Public Properties
12.35.080 Trimming trees adjacent to public lands.
Article III. Administration, Enforcement, Penalties, Appeals
12.35.100 Enforcement and penalties.
Article I. General
12.35.010 Title.
This chapter shall be known and may be cited as the tree ordinance for the City of Gardner, Kansas. (Ord. 2090 § 1(1-1))
12.35.020 Purpose.
Its purpose is to provide full power and authority over all trees, plants, and shrubs located within the street rights-of-way, parks, and other public places of the City. Such power and authority shall promote and protect the public health, safety, and general welfare and, further, shall accentuate the scenic, cultural, historical, and aesthetic attributes of the City of Gardner by establishing procedures and practices for fulfilling these purposes. (Ord. 2090 § 1(1-2))
12.35.030 Definitions.
The following terms when used in this chapter shall have the meaning set forth in this section unless the context requires otherwise:
“City” means the Mayor and Council, all City departments, or their designated agent.
“Contractor” means one that contracts or is party to a contract.
“Drip line” means the imaginary vertical lines that extend to the ground and mark the outermost edges of the tree crown.
“Homeowner” means a tenant or owner of an existing single-family or duplex residence.
“Impervious cover” means buildings or paved areas.
“Landmark tree” means a tree which has special significance because one or more of the following criteria may apply: rare species, old age, size, location, association with an historical event or person, scenic enhancement, or unique characteristics.
“Paved area” means any ground surface covered with concrete, asphalt, stone, gravel, brick, or other paving material.
“Person(s)” means a public or private individual, corporation, company, firm, association, trust, estate, commission, board, public or private institution, utility, or other legal entity.
“Private land” means all lands and buildings not owned by governments.
“Private tree” means a tree on nonpublic land.
“Professional” means a person or company that specializes in either planting, care and treatment, or maintenance of trees; such professional may have knowledge of training in forestry, horticulture, landscape architecture, or other related fields.
“Public land” means all lands, rights-of-way, and buildings that are owned by governments.
“Public tree” means a tree on any public lands.
“Tree” means a woody perennial plant having a single main stem including but not limited to a shrub or vine of arborescent form. (Ord. 2090 § 1(1-3))
12.35.040 Powers and duties.
The Parks and Recreation Department has the following powers and duties:
A. Maintain a program to protect and maintain existing trees and green areas and all City owned and recreational lands and properties; and to provide review and comments on the proposed landscaping plans of all recreational lands and properties within the City.
B. To appoint a professional, as needed, to act in the name and on behalf of the City carrying out certain provisions and exercising certain powers under this chapter.
C. To have the responsibility and power to promulgate rules, regulations, and specifications concerning the trimming, spraying, removal, planting, pruning, and protection of trees and other plants; and to authorize enforcement of such rules, regulations, and specifications.
D. To accept all contributions, donations, fees, exactions, or other funds for the planting, care, and protection of trees throughout the City and recommend expenditure of said monies to the Mayor and Council. (Ord. 2090 § 1(1-4))
Article II. Public Properties
12.35.050 Permit.
No person shall plant, remove, destroy, cut, prune, poison, or otherwise treat any tree having its trunk in or upon any public lands, or contract with another person to perform such acts, without first obtaining a written permit from the City Building Inspector and without complying strictly with the provisions of the permit and provisions of this chapter. (Ord. 2090 § 1(2-1))
12.35.060 Road projects.
Individual permits will not be required for City, County or State road projects as long as tree preservation and protection requirements are included in the project plans. (Ord. 2090 § 1(2-2))
12.35.070 Injuring trees.
A. It shall be unlawful for any person, except with written permit, to place or maintain upon public lands any stone, cement or other impervious matter or substance in such a manner as may obstruct the free access of air and water to the roots of any tree within such public lands. This provision shall not apply to the paving, repairing or altering of the public streets, sidewalks, and other public places by the City.
B. No person shall perform, or contract with another to perform, construction work (including the operation or storage of equipment or materials) within the drip line of any public tree without first obtaining a permit from the City Building Inspector and complying with requirements which may include requirements that protective enclosures be erected at designated locations.
C. It shall be unlawful for any person to attach to any public tree, or to the guard or stake intended for the protection of such tree, rope, wire, chain, sign, or other device whatsoever, except for the purpose of protecting it or the public.
D. Damages to City trees in violation of the provisions of this section shall be computed according to GMC 12.35.100(B). (Ord. 2090 § 1(2-3))
12.35.080 Trimming trees adjacent to public lands.
A. Trees, vines, bushes, shrubbery or flowers, standing in or upon any land adjacent to any public lands and having branches, limbs, trunks, or other parts projecting into the public street or place, shall be kept trimmed by the owner or occupant of the property on which such vines, trees, bushes, shrubbery or flowers are growing, so as not to interfere with the free and safe passage along the public way of pedestrians and vehicular traffic.
B. If the owner or occupant of such property does not keep this growth from projecting into or upon public land, then the City shall have the authority to order its removal. The order shall be in writing to the owner or occupant responsible for such growth and shall be acted upon 10 days from the time of the receipt of the order. If, after 10 days, the owner or occupant has not responded or acted to remove the projecting growth from such vines, trees, bushes, shrubbery or flowers, then the City or its agent shall have the authority to enter upon the property to perform this work. (Ord. 2090 § 1(2-4))
Article III. Administration, Enforcement, Penalties, Appeals
12.35.090 Administration.
The provisions of this chapter shall be administered by the Parks and Recreation Department. (Ord. 2090 § 1(3-1))
12.35.100 Enforcement and penalties.
The City shall take the necessary actions to cause enforcement of the provisions of this chapter.
A. Fines. Any person(s) who violates any provision of this chapter or who fails to comply with any notice issued pursuant to provision of this chapter, upon being found guilty of such violations, shall be subject to a fine not to exceed $500.00 for each separate offense. Each day during which the violation of the provision of this chapter shall occur continues to be a separate offense.
B. Repair or Replacement of Trees. If, as the result of the violation of any provisions of this chapter, the injury, mutilation, or death of a public tree is caused, the cost of the repair or replacement of such tree shall be borne by the party in violation. (Ord. 2090 § 1(3-2))